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[See p. 696.]

July 26, 1854.

(Senate Report No. 373. ]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of George W. Lippett, United States consul it Vienna, praying compensation for diplomatic services alleged to have been rendered by him, have had the same under consideration, and now report:

It appears from a letter of the Secretary of State, dated July 17, 1854, in answer to inquiries made by the committee, that from the 13th October, 1852, on the return to the United States of Mr. McCurdy, our chargé d'affaires at Vienna, to the 10th December following, when Mr. Foote, his successor, was presented, the archives of the legation were left in the hands of the memorialist; and that from the recall of Mr. Foote, on the 21st May, 1853, till the arrival of his successor, Mr. Jackson, on the 13th of September of the same year, the memorialist was again left in charge of the legation; and the Secretary adds: "The services he rendered are regarded as useful and necessary; and although he was not charged with any special diplomatic duties, he had occasion, during the intervals in which he had charge of the property of the legation, to correspond with the minister of foreign affairs on official matters; and the position in which he was placed exposed him, it is presumed, to expenses such as would not have been incurred under other circumstances, and such as Congress has on several occasions seen fit to reimburse.”

The committee regard this case as resting on the same basis of others in which compensation has been allowed, and therefore report a bill for the relief of the memorialist, and recommend its passage.

July 28, 1854.

[Senate Report No. 374.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of Henry Savage, United States consul at Guatemala, praying compensation for diplomatic services alleged to have been rendered by him, have had the same under consideration, and now report:

In a letter from the Secretary of State, dated 13th February, 1851, in answer to one of inquiry by the Ilon. Thomas H. Bayly, chairman of the Committee on Foreign Affairs of the liouse of Representatives, it is stated thatfrom early in 1830 until toward the close of 1833 Mr. Henry Savage corresponded with this Department in a diplomatic character, and as during that period there was no chargé d'affaires of the United States in that Republic, he assumed the functions of that agent.

It also appears that from the spring of 1842, say April or May, until the 17th November. 1848, Mr. Savage acted as chargé in the absence of any accredited agent to Central America.

He has also corresponded with this Department from the 10th May, 1850, until the present time, during which period there has been no accredited representative of the United States to the Republic of Guatemala, and the archives and property of the former legation in Guatemala have been alınost constantly in his care.

The only communication on record in the Department addressed to him in relation to his diplomatic correspondence is by Mr. Buchanan, under date of 30 June, 1848, which acknowledges the receipt of letters from the 18th June, 1842, to 20th March, 1818, and adds: These letters have furnished the Department with most acceptable information upon the subject of Central American affairs within the periods mentioned, for which I offer you my hearty thanks."

It may be proper to state further, that the information communicated to the Department by Mr. Savage has always been interesting and important.

From the character of the services rendered by the memorialist, as represented by the Secretary, the committee do not feel authorized to regard him as a regular diplomatic agent of the United States; but yet, in view of the importance of those services to the interests of our Government, and of the time and labor which the memorialist must have expended in their performance, they feel disposed to allow $1,000 per annum for the period during which he was engaged therein, which they believe to be a reasonable compensation under all the circumstances, and report a bill accordingly.

July 28, 1854.

[Senate Report No. 375.)

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Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of J. B. Holmans, late United States secretary of legation in Chile, praying additional compensation for extra clerical duties perforined by him, have had the same under consideration, and now report:

It is stated in the memorial that from the 16th February, 1850, to the 24th June following, owing to the declension of the office by Mr. Walsh and the death of Mr. Hardin, his successor, before reaching the post, there was in fact no secretary to the United States legation in Chile, and that consequently, upon the appointment of the memorialist to that office on the 24th June, 1850, in addition to the current duties of the office he had also to perform all the unfinished business which had accrued from the 16th February preceding, and which consisted in recording in the books of the legation the dispatches and letters during the interval above mentioned, whilst there was no secretary present, as well as in indexing the same; and further, that prior to his connection with that legation none of its records had been indexed, and that he made a full and complete index not only to the papers of the late minister, Mr. Peyton, but also to those of his immediate predecessor, Mr. Barton, as well as a considerable portion of the early records, which he also would have completed but for ill health and the large accumulation of new business in the legation, which required his constant attention.

These statements are fully sustained by a letter from Mr. Peyton, our then minister in Chile, dated May 24, 1853, addressed to the memorialist, and also by a letter from the Secretary of State, addressed to the Hon. Thomas H. Bayly, chairman of the Committee of Foreign Affairs of the House of Representatives, dated February 9, 1854. In his letter, Mr. Peyton says:

Inasmuch as you performed the labor, it appears to me just and reasonable that you should receive the compensation attached to the office, etc.

And further:

This allowance is rendered more proper on account of the great expense in coming to and returning from Chile, which is but little less than $1,000 for the round trip.

In his letter above mentioned the honorable Secretary of State says: I have to inform you that Mr. Holmans has correctly stated the fact of the absence for several months of any secretary to the legation at Santiago, and from the correspondence of Mr. Peyton, envoy extraordinary and minister plenipotentiary to the Republic of Chile, it is evident that Mr. Holmans was taxed with the performance of onerous duties which had accumulated prior to his own appointment.

In this view of the case I have no hesitation in stating that the Department regards Mr. Holmans justly entitled to extra compensation for these extraordinary services.

In view of all the circumstances of this case the committee are of opinion that the memorialist is entitled to receive the compensation of secretary of legation, whose duties he is shown to have actually performed from the 16th February, 1850, and inasmuch as from that time to the 24th June, 1850, when he formally entered upon his official duties, that compensation had not been paid to any other person, no injustice can result to the Government from its allowance to him. They therefore report a bill in his favor, and recommend its passage.

[See pp. 677, 683.]
July 28, 1854.

[Senate Report No. 376.) Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the petition of Peter Parker, secretary of legation of the United States and Chinese interpreter, praying compensation for his services as chargé d'affaires ad interim, have had the same under consideration, and now respectfully report:

That, in answer to inquiries made by the chairman of the committee, the Secretary of State says, in a letter dated 24th July, 1854: “It appears from the records and files of this Department that Dr. Parker (the petitioner) was acting as chargé d'affaires ad interim during the time specified in his petition," viz, from the 24th May, 1852, to the 31st January, 1853.

The committee, finding nothing in this case to distinguish it from others of a similar character in which such allowances have been made, report a bill in his favor, and recommend its passage.

[See pp. 642, 684.]

July 28, 1854.

[Senate Report No. 377.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the petition of Joseph Graham, United States consul at Buenos Ayres, praying compensation for services as chargé d'affaires ad interim at that place, have had the same under consideration, and now report:

That it appears from a letter from the Secretary of State, in answer to one of inquiry addressed to him by the Hon. Thomas H. Bayly, chairman of the Committee on Foreign Affairs of the House of Representatives, dated 9th February, 1854, thatthe correspondence of the legation at Buenos Ayres shows that, on the departure of Mr. Pendleton from his post on a special mission to the upper provinces of the Argentine confederation, Mr. Graham was officially announced to, and recognized by, the Government of Buenos Ayres, as chargé d'affaires during Mr. Pendleton's absence, and in that character corresponded with the Government and with this Department from the 3d August, 1852, until the 11th of the following month.

On the 25th November, 1852, Mr. Pendleton again left Buenos Ayres for the Republic of Paraguay, and was absent until the 26th of March following. During this interval Mr. Graham addressed dispatches to this Department in the character of chargé d'affaires; and, although there is no evidence on file to show that he was officially presented to the Government, it appears that he was recognized by it in that capacity.

In view of all the circumstances of this case, and the many similar ones in which the relief here asked for has been granted, the committee are of opinion that the petitioner is entitled to the same measure of compensation extended to others, and report a bill accordingly, with a recomiendation that it pass.

[See p. 705.)

July 28, 1854.

[Senate Report No. 378.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of Ferdinand Coxe, late secretary of the United States legation at Rio de Janeiro, praying compensation for diplomatic services, have had the same under consideration, and now report:

That it appears, from a letter of the Secretary of State, dated 9th February, 1854, in answer to inquiries made by the Hon. Thomas H. Bayly, chairman of the Committee on Foreign Affairs of the House of Representatives, that from the 12th May to the 16th of August, 1853, during the absence of the minister, Mr. Schenck, on a special mission to Buenos Ayres, Mr. Cox was, by authority of the Departinent, charged with the duties of the legation, was recognized by the Brazilian Government as chargé d'affaires ad interim, and in that character rendered such services to the interests of the United States as entitled him, in the estimation of the Department, to suitable compensation.

The committee, believing that the claim for the compensation of a chargé d'affaires during the period he acted in that capacity by the authority of the Department of State is reasonable, report a bill in his favor, and recommend its passage.

August 3, 1854.

(Senate Report No. 387.1 Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the peti. tion of Betsey W. Eve, widow of Joseph Eve, praying to be allowed certain expenses incurred by her late husband while chargé d'affaires

to the late Republic of Texas, have had the same under consideration, and respectfully report:

That it appears from a letter of the Secretary of State that, owing to some error in the adjustment of his salary account, Mr. Eve was entitled to compensation for seven days not embraced therein; that, dying three days after presenting his letter of recall, his estate should be allowed his funeral expenses; and further, that if his wife or any member of his family were with him at the time of his death, that he would be entitled to one-quarter salary for return.

It also appears that, upon the adjustment of his accounts at the Fifth Auditor's Office, there was a balance reported due from him of $531.99 on his account for salary, and there was an additional item of $206.50, which had been suspended in adjusting his contingent account for want of vouchers, which Mr. Eve promised to obtain and forward, but died before he was enabled to do so. The Secretary adds: “Mrs. Eve, having sought relief from Congress, can not now, it is believed, obtain an adjustment of her accounts unless Congress authorizes it.”

It further appears from a certificate of Hon. J. Hamilton, filed with the papers, that Mrs. Eve was with her husband at the time of his death, and therefore, according to usage in such cases, his estate is entitled to one-quarter return salary.

The committee are of opinion that any just claim which the petitioner may have against the United States should not be prejudiced by the fact of her applying to Congress, and, believing that upon the proper adjustment of the accounts of her late husband the claim will be found to be just, they report a bill accordingly, and recommend its passage.

[See p. 655.]

August 3, 1854.

[Senate Report No. 389.] Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of Charles D. Arfwedson, late United States consul at Stockholm, asking compensation for diplomatic services, have had the same under consideration, and report:

It appears from the journals of the first session of the Thirty-second Congress that the memorialist presented his application for the compensation of a chargé d'affaires at Stockholm, from the 24th July, 1849, to the 22d April, 1850, a period of eight months and twenty-nine days; that the memorial was referred to this committee, and upon their motion a provision was inserted in the general civil and diplomatic appropriation bill directing the payment to the memorialist of the sum of $1,681.25 in full for all such services for the period named, that sum being one-half of the salary of a chargé d'affaires for the same period.

The committee are aware that in cases of a full mission, where the duties of the legation have devolved upon the secretary, during the temporary absence of the minister, it has been usual to allow such secretary the salary of a chargé d'affaires, or one-half of the salary of the minister for the time thus acting. But they are not aware of any case in which the person merely temporarily in charge of a legation has for the time received the full salary of the head of a mission.

S. Doc. 231, pt 3—43

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